Filing & Challenging the Validity of Restraining Orders

Restraining orders prevent abuse from reoccurring once someone has been abused or threatened by another person.

Restraining orders are filed with the court when someone injures a victim or seriously threatens to injure someone. A restraining order may be filed with the court by a victim if the perpetrator is an adult to whom the victim is related by blood, marriage, or adoption, or is someone who has lived with the victim, or is a person who has had sexual relations with the victim within the past two years. The victim must have been abused, or be in imminent danger of abuse.

A restraining order prohibits the perpetrator from being near the victim's home, work, school, or anywhere else the person might be.

The restraining order may award custody to either person, may award a sum of money to the person who filed for the restraining order, and may include a parenting plan (visitation schedule) for the children.

If someone has been served by law enforcement with a restraining order - that is, there is a restraining order against him or her, that person may request that a hearing be held to allow him or her to dispute the accusations in the restraining order. The judge may either dismiss the restraining order or allow the restraining order to remain in place.

The person against whom there is a restraining order may ask that a hearing be held at any time.

Alleged victims generally go to the courthouse without an attorney to obtain a restraining order. However, when a person wants to challenge the validity of the restraining order, he or she may seek legal advice.

To discuss your legal options regarding restraining orders...

Contact Margaret Parker Washburn at 541-617-8443

A Bend, OR Family Attorney

Margaret Parker Washburn is licensed to practice law in the state of Oregon only. The information provided on this website is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. Margaret Parker Washburn does not seek to represent you based upon your visit to or review of this website. This website may be considered advertising under the rules of the Oregon Bar Association. You should not make legal decisions based upon brochures, advertising, or other promotional materials. If you would like to schedule a consultation to discuss a specific legal matter, please contact our office.